FATINO v. CITY OF DES MOINES

No. 51725.

137 N.W.2d 638 (1965)

Hilda I. FATINO and Ruby Schneider, Appellants, v. CITY OF DES MOINES, Iowa, Members of the City of Des Moines City Council in Their Capacity as Councilmen (George Nahas, Jens Grothe, Wallace Buss, George Whitmer, and Charles Iles) and Tom Chenoweth, City Manager, City of Des Moines, Iowa, Appellees.

Supreme Court of Iowa.

October 19, 1965.


Attorney(s) appearing for the Case

Leo Ballard, Des Moines, for appellants.

Leonard C. Abels, Anthony T. Renda, Lee Gaudineer, L. Michael McGrane, and Leo E. Gross, Des Moines, for appellees.


LARSON, Justice.

The sole issue in this appeal is whether the City of Des Moines, Iowa, through its administrative officials, wrongfully refused to promote one of two eligible persons to the Class III clerk status when a person holding that classification employed in the purchasing department died.

In denying mandamus the trial court held the plaintiffs could not compel the replacement of a Clerk III in the purchasing department, and by refusing to replace...

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